Tort – FTCA – Sovereign immunity – Statute of limitations

Where a plaintiff brought a claim against the United States under the Federal Tort Claims Act alleging that dental personnel at the Federal Medical Center at Devens failed in their duty to provide him with timely, adequate and proper treatment, a motion to dismiss the complaint should be (1) denied in part because the plaintiff did not fail to state a claim within the waiver of sovereign immunity in the FTCA and (2) granted in part because portions of the plaintiff’s claims are time-barred under the FTCA’s two-year statute of limitations.